Dec. 28, 2016

“The problem of juror pressure on a dissenting juror has long been known by defense attorneys and prosecutors.

“In a National Center for State Courts project on hung juries, researchers surveyed 367 unanimous decisions…. In nearly 40 percent of the cases at least one juror [disagreed] but went along with the majority and made the verdict unanimous….

“Research shows that dissenting jurors often go along not because they are convinced about points of evidence but because they bow to ‘normative pressure’: A lone holdout is under relentless and harsh pressure from other jurors to knuckle under. The pressure from the push for speed, the verbal battering and the threat of ostracism is virtually impossible to resist.

“The problem is made worse [in cases] when it’s impossible for a dissenting juror to say with absolute certainty whether the position of the majority is the right one and when the verdict could do horrible legal damage….”

– From “Why Zimmerman Juror B29 Believed in His Guilt But Still Voted to Acquit” by Earl Ofari Hutchinson on the Huffington Post (July 28, 2013)

Bob Kelly’s jury serves as a sad example of the contaminated chemistry of verdict making.

May 29, 2016

“ ‘On behalf of the State of North Carolina, I apologize to Mr. (Edward Charles) McInnis for the 27 years he had to spend behind bars for crimes he did not commit,’ McCrory said in a statement announcing the pardon. ‘While we cannot give him back those years of his life, I wish him well as he resumes his life as a free man.’ ”

– From “NC Gov. McCrory pardons Scotland County man” by Anne Blythe in the News & Observer (May 19) (text cache)

Another DNA exoneration – thanks yet again, North Carolina Innocence Inquiry Commission – and this time both District Attorney Kristy Newton and Gov. McCrory  acted expeditiously and humanely.

I look forward to seeing the governor extend such sentiments toward Junior Chandler, who has now spent more than 29 years behind bars.

Jan. 30, 2013

“They have been through more dress rehearsals than the cast of ‘Cats.’”

– Joe Cheshire, lawyer for Betsy Kelly, protesting the latitude given the prosecution in preparing Little Rascals children to testify (New York Times, Aug. 19, 1991)

March 17, 2015

“Warren Twiddy, 68, father of defendant Betsy Kelly, said he’s been ‘shunned, blocked out’ by some residents and nearly run out of his church.”

– From “Trial rips fabric of community” by Mark Mayfield in USA Today (March 20, 1992)

“Twiddy sold his insurance business and exhausted his retirement savings to pay his daughter’s legal fees. Old friends, he says, won’t even say hello on the street. Clients canceled policies after his daughter was indicted.”

– From  “Town’s pain is revived by TV film” by Andrea Stone in USA Today (July 22, 1993)

“Twiddy admits… some bitterness toward his neighbors, who ignored him at church and at the country club.

“ ‘Before, the bulletin board was full with places we were supposed to be up ’til Christmas,’ he said. ‘After this, nothing, buddy.’ ”

– From “Talk of new trial makes Edenton shudder” by Carol D. Leonnig in the Charlotte Observer (Sept. 10, 1995)

“Our need to matter and our need to belong are as fundamental as our need to eat and breathe. Therefore ostracism – rejection, silence, exclusion – is one of the most powerful punishments that one person can inflict on another.

“Brain scans have shown that this rejection is actually experienced as physical pain, and that this pain is experienced whether those that reject us are close friends or family or total strangers, and whether the act is overt exclusion or merely looking away….”

– From a delanceyplace.com summary of “The Pain of Exclusion” by Kipling D. Williams in Scientific American (January/February 2011)

The misery caused by wrongful prosecution of the Little Rascals case extended far beyond courtrooms and jail cells. Defendants’ family members such as Betsy Kelly’s father endured many years in a hell of ostracism.

Warren Twiddy died in 2012. He was 89.